Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-557

======================================================================



 
  GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES 
                BOUNDARY MODIFICATION AND PROTECTION ACT

                                _______
                                

 March 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1187]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1187) to expand the boundaries of the Gulf of the 
Farallones National Marine Sanctuary and the Cordell Bank 
National Marine Sanctuary, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Gulf of the Farallones and Cordell 
Bank National Marine Sanctuaries Boundary Modification and Protection 
Act''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) The Gulf of the Farallones extends approximately 100 
        miles along the coast of Marin and Sonoma counties of northern 
        California. It includes approximately one-half of California's 
        nesting seabirds, rich benthic marine life on hard-rock 
        substrate, prolific fisheries, and substantial concentrations 
        of resident and seasonally migratory marine mammals.
          (2) Cordell Bank is adjacent to the Gulf of the Farallones 
        and is a submerged island with spectacular, unique, and 
        nationally significant marine environments.
          (3) These marine environments have national and international 
        significance, exceed the biological productivity of tropical 
        rain forests, and support high levels of biological diversity.
          (4) These biological communities are easily susceptible to 
        damage from human activities, and must be properly conserved 
        for themselves and to protect the economic viability of their 
        contribution to national and regional economies.
          (5) The Gulf of Farallones and Cordell Bank include some of 
        the Nation's richest fishing grounds, supporting important 
        commercial and recreational fisheries. These fisheries are 
        regulated by State and Federal fishery agencies and are 
        supported and fostered through protection of the waters and 
        habitats of Gulf of the Farallones National Marine Sanctuary 
        and Cordell Bank National Marine Sanctuary.
          (6) The report of the Commission on Ocean Policy established 
        by Public Law 106-256 calls for comprehensive protection for 
        the most productive ocean environments and recommends that they 
        be managed as ecosystems.
          (7) New scientific discoveries by the National Marine 
        Sanctuary Program support comprehensive protection for these 
        marine environments by broadening the geographic scope of the 
        existing Gulf of the Farallones National Marine Sanctuary and 
        the Cordell Bank National Marine Sanctuary.
          (8) Cordell Bank is at the nexus of an ocean upwelling 
        system, which produces the highest biomass concentrations on 
        the west coast of the United States.

SEC. 3. POLICY AND PURPOSE.

  (a) Policy.--It is the policy of the United States in this Act to 
protect and preserve living and other resources of the Gulf of the 
Farallones and Cordell Bank marine environments.
  (b) Purpose.--The purposes of this Act are the following:
          (1) To extend the boundaries of the Gulf of the Farallones 
        National Marine Sanctuary and the Cordell Bank National Marine 
        Sanctuary to the areas described in section 5.
          (2) To strengthen the protections that apply in the 
        Sanctuaries.
          (3) To educate and interpret for the public the ecological 
        value and national importance of those marine environments.
          (4) To manage human uses of the Sanctuaries under this Act 
        and the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
        seq.).
  (c) Effect on Fishing Activities.--Nothing in this Act is intended to 
alter any existing authorities regarding the conduct and location of 
fishing activities in the Sanctuaries.

SEC. 4. DEFINITIONS.

  In this Act:
          (1) Mariculture.--The term ``mariculture'' means the 
        propagation or rearing of aquatic organisms in controlled or 
        selected aquatic environments for any commercial, recreational, 
        or public purpose.
          (2) Cordell bank nms.--The term ``Cordell Bank NMS'' means 
        the Cordell Bank National Marine Sanctuary.
          (3) Farallones nms.--The term ``Farallones NMS'' means the 
        Gulf of the Farallones National Marine Sanctuary.
          (4) Sanctuaries.--The term ``Sanctuaries'' means the Gulf of 
        the Farallones National Marine Sanctuary and the Cordell Bank 
        National Marine Sanctuary, as expanded by section 5.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce.

SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.

  (a) Gulf of the Farallones.--
          (1) Boundary adjustment.--The areas described in paragraph 
        (2) are added to the existing Gulf of the Farallones National 
        Marine Sanctuary described in part 922.80 of title 15, Code of 
        Federal Regulations.
          (2) Areas included.--
                  (A) In general.--The areas referred to in paragraph 
                (1) consist of the following:
                          (i) All submerged lands and waters, including 
                        living marine and other resources within and on 
                        those lands and waters, from the mean high 
                        water line to the boundary described in 
                        subparagraph (B).
                          (ii) The submerged lands and waters, 
                        including living marine and other resources 
                        within those waters, within the approximately 
                        two-square-nautical-mile portion of the Cordell 
                        Bank NMS (as in effect immediately before the 
                        enactment of this Act) that is located south of 
                        the area that is added to Cordell Bank NMS by 
                        subsection (b)(2), which are transferred to the 
                        Farallones NMS from the Cordell Bank NMS.
                  (B) Boundary described.--The boundary referred to in 
                subparagraph (A)(i) commences from the mean high water 
                line (MHWL) at 39.00000 degrees north in a westward 
                direction approximately 29 nautical miles (nm) to 
                39.00000 north, 124.33333 west. The boundary then 
                extends in a southeasterly direction to 38.30000 
                degrees north, 124.00000 degrees west, approximately 44 
                nm westward of Bodega Head. The boundary then extends 
                eastward to the most northeastern corner of the 
                expanded Cordell Bank NMS at 38.30000 north, 123.20000 
                degrees west, approximately 6 nm miles westward of 
                Bodega Head. The boundary then extends in a 
                southeasterly direction to 38.26500 degrees north, 
                123.18166 degrees west at the northwestern most point 
                of the current Gulf of the Farallones Boundary. The 
                boundary then follows the current northern Gulf of the 
                Farallones NMS boundary in a northeasterly direction to 
                the MHWL near Bodega Head. The boundary then follows 
                the MHWL in a northeasterly direction to the 
                commencement point at the intersection of the MHWL and 
                39.00000 north. Coordinates listed in this subparagraph 
                are based on the North American Datum 1983 and the 
                geographic projection.
  (b) Cordell Bank.--
          (1) Boundary adjustment.--The area described in paragraph (2) 
        is added to the existing Cordell Bank National Marine Sanctuary 
        described in part 922.80 of title 15, Code of Federal 
        Regulations.
          (2) Area included.--
                  (A) In general.--The area referred to in paragraph 
                (1) consists of all submerged lands and waters, 
                including living marine and other resources within 
                those waters, within the boundary described in 
                subparagraph (B).
                  (B) Boundary.--The boundary referred to in 
                subparagraph (A) commences at the most northeastern 
                point of the current Cordell Bank NMS boundary at 
                38.26500 degrees north, 123.18166 degrees west and 
                extends northwestward to 38.30000 degrees north, 
                123.20000 degrees west, approximately 6 nautical miles 
                (nm) west of Bodega Head. The boundary then extends 
                westward to 38.30000 degrees north, 124.00000 degrees 
                west, approximately 44 nautical miles west of Bodega 
                Head. The boundary then turns southeastward and 
                continues approximately 34 nautical miles to 37.76687 
                degrees north, 123.75142 degrees west, and then 
                approximately 15 nm eastward to 37.76687 north, 
                123.42694 west at an intersection with the current 
                Cordell Bank NMS boundary. The boundary then follows 
                the current Cordell Bank NMS, which is coterminous with 
                the current Gulf of the Farallones boundary, in a 
                northeasterly and the northwesterly direction to its 
                commencement point at 38.26500 degrees north, 123.18166 
                degrees west. Coordinates listed in this subparagraph 
                are based on NAD83 Datum and the geographic projection.
  (c) Inclusion in the System.--The areas included in the Sanctuaries 
under subsections (a) and (b) shall be managed as part of the National 
Marine Sanctuary System, established by section 301(c) of the National 
Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that 
Act.
  (d) Updated NOAA Charts.--The Secretary shall--
          (1) produce updated National Oceanic and Atmospheric 
        Administration nautical charts for the areas in which the 
        Sanctuaries are located; and
          (2) include on those nautical charts the boundaries of the 
        Sanctuaries, as revised by this Act.
  (e) Boundary Adjustments.--In producing revised nautical charts as 
directed by subsection (d) and in describing the boundaries in 
regulations issued by the Secretary, the Secretary may make technical 
modifications to the boundaries described in this section for clarity 
and ease of identification, as appropriate.

SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING.

  No lease or permit may be issued that authorizes exploration, 
development, production, or transporting by pipeline of minerals or 
hydrocarbons within the Sanctuaries.

SEC. 7. MANAGEMENT PLANS AND REGULATIONS.

  (a) Interim Plan.--The Secretary shall complete an interim 
supplemental management plan for the Sanctuaries by not later than 24 
months after the date of enactment of this Act, that focuses on 
management in the areas added to the Sanctuaries under this Act. The 
Secretary shall ensure that the supplemental plan does not weaken 
existing resource protections.
  (b) Revised Plans.--The Secretary shall issue a revised comprehensive 
management plan for the Sanctuaries during the first management review 
initiated after the date of the enactment of this Act under section 
304(e) of the National Marine Sanctuaries Act (16 U.S.C. 1434(e)) for 
the Sanctuaries, and issue such final regulations as may be necessary.
  (c) Application of Existing Regulations.--The regulations for the 
Gulf of the Farallones National Marine Sanctuary (15 C.F.R. 922, 
subpart H) and the Cordell Bank National Marine Sanctuary (15 C.F.R. 
922, subpart K), including any changes made as a result of a joint 
management plan review for the Sanctuaries conducted pursuant to 
section 304(e) of the National Marine Sanctuaries Act (16 U.S.C. 
1434(e)), shall apply to the areas added to each Sanctuary, 
respectively, under section 5 until the Secretary modifies such 
regulations in accordance with subsection (d) of this section.
  (d) Revised Regulations.--
          (1) In general.--The Secretary shall carry out an assessment 
        of necessary revisions to the regulations for the Sanctuaries 
        in a manner that ensures the protection of the resources of the 
        Sanctuaries consistent with the purposes and policies of the 
        National Marine Sanctuaries Act and the goals and objectives 
        for the new areas added to each sanctuary under section 5 of 
        this Act. The assessment and any corresponding regulatory 
        changes shall be complete within 24 months of the date of 
        enactment of this Act.
          (2) Regulation of specific activities.--In revising the 
        regulations for the Sanctuaries pursuant to this subsection, 
        the Secretary shall consider appropriate regulations for the 
        following activities:
                  (A) The deposit or release of introduced species.
                  (B) The alteration of stream and river drainage into 
                the Sanctuaries.
                  (C) Mariculture operations in the Sanctuaries.
          (3) Considerations.--In revising the regulations for the 
        Sanctuaries pursuant to this subsection, the Secretary shall 
        consider exempting from further regulation under the National 
        Marine Sanctuaries Act and this Act discharges that are 
        permitted under a National Pollution Discharge Elimination 
        System permit in effect on the date of enactment of this Act, 
        or under a new or renewed National Pollution Discharge 
        Elimination System permit that does not increase pollution in 
        the Sanctuaries and that originates--
                  (A) in the Russian River Watershed outside the 
                boundaries of the Gulf of the Farallones National 
                Marine Sanctuary; or
                  (B) from the Bodega Marine Laboratory.
  (e) Contents of Plans.--Revisions to each comprehensive management 
plan under this section shall, in addition to matters required under 
section 304(a)(2) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1434(A)(2))--
          (1) facilitate all appropriate public and private uses of the 
        national marine sanctuary to which each respective plan applies 
        consistent with the primary objective of sanctuary resource 
        protection;
          (2) establish temporal and geographical zoning if necessary 
        to ensure protection of sanctuary resources;
          (3) identify priority needs for research that will--
                  (A) improve management of the Sanctuaries;
                  (B) diminish threats to the health of the ecosystems 
                in the Sanctuaries; or
                  (C) fulfill both of subparagraphs (A) and (B);
          (4) establish a long-term ecological monitoring program and 
        database, including the development and implementation of a 
        resource information system to disseminate information on the 
        Sanctuaries' ecosystem, history, culture, and management;
          (5) identify alternative sources of funding needed to fully 
        implement the plan's provisions and supplement appropriations 
        under section 313 of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1444);
          (6) ensure coordination and cooperation between sanctuary 
        superintendents and other Federal, State, and local authorities 
        with jurisdiction over areas within or adjacent to the 
        Sanctuaries to deal with issues affecting the Sanctuaries, 
        including surface water run-off, stream and river drainages, 
        and navigation;
          (7) in the case of revisions to the plan for the Farallones 
        NMS, promote cooperation with farmers and ranchers operating in 
        the watersheds adjacent to the Farallones NMS and establish 
        voluntary best management practices programs;
          (8) promote cooperative and educational programs with fishing 
        vessel operators and crews operating in the waters of the 
        Sanctuaries, and, whenever possible, include individuals who 
        engage in fishing and their vessels in cooperative research, 
        assessment, and monitoring programs and educational programs to 
        promote sustainable fisheries, conservation of resources, and 
        navigational safety; and
          (9) promote education and public awareness, among users of 
        the Sanctuaries, about the need for marine resource 
        conservation and safe navigation and marine transportation.
  (f) Public Participation.--The Secretary shall provide for 
participation by the general public in the revision of the 
comprehensive management plans and relevant regulations under this 
section.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary--
          (1) $3,000,000 to carry out this Act for each of fiscal years 
        2009 through 2013, other than for construction and acquisition 
        projects; and
          (2) $3,500,000 for fiscal year 2009 and such sums as may be 
        necessary for each of fiscal years 2010 through 2013 for 
        construction and acquisition projects related to the 
        Sanctuaries.

  Amend the title so as to read:

    A bill to expand the boundaries of the Gulf of the 
Farallones National Marine Sanctuary and the Cordell Bank 
National Marine Sanctuary, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1187 is to expand the boundaries of the 
Gulf of the Farallones National Marine Sanctuary and the 
Cordell Bank National Marine Sanctuary, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National Marine Sanctuary System was authorized as 
Title III of the National Marine, Protection, Research and 
Sanctuaries Act of 1972.\1\ This law required the Secretary of 
Commerce, through the National Oceanic and Atmospheric 
Administration, to identify, designate, and manage marine sites 
based on conservational, ecological, recreational, historical, 
aesthetic, scientific, or educational value within significant 
national ocean and Great Lake waters. The first sanctuary was 
designated in 1975 off the Outer Banks of North Carolina to 
protect the wreck of the U.S.S. Monitor, a famous Civil War 
ironclad battleship. Since then, 12 other marine sanctuaries 
and one national marine monument have been added to the 
System.\2\ In general, most sanctuaries prohibit extractive 
commercial activities, with the exception of commercial and 
recreational fishing.\3\ The average annual operating budget 
for the Sanctuary System over the past three fiscal years is 
$45 million.
---------------------------------------------------------------------------
    \1\Public Law 92-532 (16 U.S.C. 1431 et seq.).
    \2\In order of subsequent designation, the other marine sanctuaries 
are Key Largo, Channel Islands, Looe Key (both Key Largo and Looe Key 
were incorporated into the much larger Florida Keys Sanctuary in 1990), 
Gulf of the Farallones, Grays Reef, Fagatale Bay, Cordell Bank, Flower 
Garden Banks, Monterey Bay, Stellwagen Bank, Hawaiian Island Humpback 
Whale, Olympic Coast and Thunder Bay. The Papahanaumokuakea Marine 
National Monument, designated by presidential proclamation in 2006, 
protects the marine resources of the Northwest Hawaiian Islands.
    \3\Section 304(a)(5) of the Sanctuaries Act allows Regional 
Fisheries Management Councils to develop fishing regulations to be 
incorporated into a sanctuary management plan. The Secretary of 
Commerce has the discretion to reject these draft regulations if they 
are incompatible with the purpose of the sanctuary.
---------------------------------------------------------------------------
    The Gulf of the Farallones NMS was designated in 1981. The 
sanctuary encompasses an area of 1,255 square miles off the 
California coastline west of San Francisco. The sanctuary 
protects both offshore regions and nearshore estuaries.\4\ 
Approximately 966 square miles of state waters are within the 
existing sanctuary boundaries. Also included in the sanctuary 
is Farallones National Wildlife Refuge--basically the Farallone 
Islands themselves. The refuge is managed by the U.S. Fish and 
Wildlife Service. This sanctuary is best known for abundant 
marine mammal and seabird populations and for behavioral 
studies of great white sharks.
---------------------------------------------------------------------------
    \4\These estuaries include Bodega Bay, Tomales Bay, Bolinas Lagoon, 
the Estero de San Antonio and Estero Americano.
---------------------------------------------------------------------------
    The Cordell Bank NMS was designated in 1989. The sanctuary 
lies adjacent to the northwest boundary of the Gulf of the 
Farallones NMS and 21 miles west of the Point Reyes lighthouse. 
This sanctuary, which straddles the continental shelf, covers 
526 square miles. The sanctuary protects one of the most 
biologically productive upwelling areas off the Pacific Coast 
which is vital to resident and migratory marine life. Until 
1995, this sanctuary was managed jointly with the Gulf of the 
Farallones NMS. All three Central California sanctuaries are in 
the process of completing a joint management plan review.\5\ A 
final management plan is tentatively scheduled to be released 
by the end of this year or early 2008. Neither revised 
management plan for either sanctuary recommended alterations to 
the existing boundaries.
---------------------------------------------------------------------------
    \5\As required under section 304(e), each sanctuary must complete 
every 5 years a public review and evaluation of its management plan. 
NOAA selected to initiate these reviews simultaneously due to 
overlapping issues, to optimize administrative efficiencies and to 
reduce overall cost per review.
---------------------------------------------------------------------------
    As introduced, H.R. 1187 would expand the Gulf of the 
Farallones and Cordell Bank NMS to protect and preserve an 
additional 1,739 square nautical miles of the marine 
environment due north and west of the existing sanctuaries. 
These additions would enable the two sanctuaries to protect 
virtually the entire upwelling region.\6\ The legislation, as 
introduced, also would prohibit:
---------------------------------------------------------------------------
    \6\Upwelling brings cold, nutrient-rich waters to the surface, 
supporting phytoplankton blooms. These blooms are the energy base for 
large animal populations higher in the food chain, including fish, 
marine mammals, and seabirds. Coastal upwelling regions account for 
only one percent of the ocean surface, but they contribute to roughly 
20 percent of the world's fish catch.
---------------------------------------------------------------------------
           Leasing, exploration, development, 
        production, or transporting by pipeline of minerals or 
        hydrocarbons;
           Aquaculture (with exceptions and including 
        the Monterey Bay NMS); and
           Discharges of materials, substances, or 
        introduced species or a harmful change in salinity, 
        subject to limitation.
    The bill explicitly states that it does not alter any 
existing authorities governing the conduct and location of 
fishing activities. The bill also directs NOAA to develop an 
interim management plan, to develop a final management plan and 
regulations, and to consider the feasibility of designating a 
new sanctuary for the areas added.

                            COMMITTEE ACTION

    H.R. 1187 was introduced on February 16, 2007 by 
Congresswoman Woolsey (D-CA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife and Oceans. On October 24, 
2007, the Subcommittee on Fisheries, Wildlife and Oceans held a 
hearing on the bill.
    On February 13, 2008, the Subcommittee met to mark up the 
bill. Chairwoman Bordallo (D-GU) offered an amendment in the 
nature of a substitute to correct errors in boundary 
coordinates; strike all prohibitions except for mineral and 
hydrocarbon activities; clarify and streamline the 
administrative process and timetable for development of interim 
and final management plans and regulations; and strike the 
requirement to consider a new sanctuary as required under the 
National Marine Sanctuaries Act. It was adopted by unanimous 
consent. The bill was then recommended to the Full Committee by 
unanimous consent.
    On March 12, 2008, the Full Natural Resources Committee met 
to consider the bill. Congressman Wittman (R-VA) offered an 
amendment to place commercial and sport fishing activities 
within the Sanctuaries exclusively under the jurisdiction of 
the Pacific Fishery Management Council. It was not adopted by a 
roll call vote of 13 to 22, as follows:


    The bill as amended was then ordered favorably reported to 
the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section cites this Act as the Gulf of the Farallones 
and Cordell Bank National Marine Sanctuaries Boundary 
Modification and Protection Act.

Section 2. Findings

    This section establishes that the Gulf of the Farallones 
and Cordell Bank National Marine Sanctuaries have national and 
international significance as highly productive marine 
ecosystems, which calls for comprehensive protection.

Section 3. Policy and purpose

    This section sets forth the purpose of this Act, which is 
to extend the boundaries of the Gulf of the Farallones and the 
Cordell Bank Marine Sanctuaries, to strengthen their 
protection, to educate the public of their value, and to manage 
human uses within their bounds. Additionally, this section 
states that this Act does not intend to alter any existing 
authorities over fishing activities.

Section 4. Definitions

    This section defines key terms included within the text of 
the proposed legislation

Section 5. National Marine Sanctuary boundary adjustments

    This section delineates the adjusted boundaries of the Gulf 
of the Farallones and the Cordell Bank Marine Sanctuaries and 
includes these expansions as managed areas under the National 
Marine Sanctuary System. This section also directs the National 
Oceanic and Atmospheric Administration to update nautical 
charts accordingly.

Section 6. Prohibition of oil and gas leasing and permitting

    This section prohibits leases or permits from being 
authorized for the exploration, development, production, or 
transportation by pipeline of minerals or hydrocarbons within 
the Sanctuaries.

Section 7. Management plans and regulations

    This section directs the Secretary of Commerce to complete 
an interim and a comprehensive management plan to manage the 
Sanctuaries under this Act. This section also states that 
existing regulations apply to these Sanctuaries, but necessary 
revisions should be assessed.

Section 8. Authorization of appropriations

    This section authorizes appropriations in the amount of $3 
million annually from 2009 to 2013 and $3.5 million for fiscal 
year 2009 for construction and acquisition projects related to 
the Sanctuaries.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 as well as Article IV, section 3 of 
the Constitution of the United States grants Congress the 
authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to expand the boundaries of the Gulf 
of the Farallones National Marine Sanctuary and the Cordell 
Bank National Marine Sanctuary.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1187--Gulf of the Farallones and Cordell Bank National Marine 
        Sanctuaries Boundary Modification and Protection Act

    Summary: H.R. 1187 would expand the boundaries of the 
Farallones National Marine Sanctuary and the Cordell Bank 
National Marine Sanctuary, both of which are located off the 
coast of northern California. The bill would authorize 
additional funding for the two marine sanctuaries, which are 
managed by the National Oceanic and Atmospheric Administration 
(NOAA).
    Assuming appropriation of the amounts specified by the bill 
for sanctuary management or estimated to be necessary for 
authorized construction and acquisition activities, CBO 
estimates that implementing H.R. 1187 would cost $20 million 
over the 2009-2013 period. Enacting the bill would have no 
effect on revenues or direct spending.
    H.R. 1187 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    H.R. 1187 would impose private-sector mandates, as defined 
in UMRA, by prohibiting or restricting certain commercial and 
recreational activities in the areas added to the Gulf of the 
Farallones and Cordell Bank National Marine Sanctuaries. Based 
on information from NOAA, CBO estimates that the cost of the 
mandates would fall below the annual threshold established in 
UMRA for private-sector mandates ($136 million in 2008, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1187 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).


------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2009    2010    2011    2012    2013
------------------------------------------------------------------------
                    SPENDING SUBJECT TO APPROPRIATION

Additional Sanctuary Operating
 Costs:\1\
    Authorization Level.........       3       3       3       3       3
    Estimated Outlays...........       3       3       3       3       3
Vessel Acquisition and
 Construction:
    Authorization/Estimated            4       1       0       0       0
     Authorization Level........
    Estimated Outlays...........       0       2       2       1       0
Total Spending Under H.R. 1187:
    Authorization/Estimated            7       4       3       3       3
     Authorization Level........
    Estimated Outlays...........       3       5       5       4       3
------------------------------------------------------------------------
\1\Average annual appropriations to manage the two marine sanctuaries at
  their current size total about $2 million.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1187 will be enacted by the end of fiscal year 2008 and that 
the amounts specifically authorized or estimated to be 
necessary will be appropriated for each year. The specified 
authorization level includes $3 million for each of fiscal 
years 2009 through 2013 to manage the areas added to the two 
sanctuaries and $4 million for 2009 to construct or acquire an 
additional vessel needed to administer them.
    The bill also would authorize the appropriation of whatever 
amounts are necessary for construction and acquisition for 2010 
through 2013. Based on information provided by NOAA, we 
estimate that an additional $1 million would be appropriated 
for 2010 under this authority to complete the acquisition of 
the new vessel, which is estimated to cost about $5 million. We 
estimate that no additional amounts would be required for 
construction after 2010. Estimated outlays are based on 
historical spending patterns for NOAA programs and also reflect 
the assumption that NOAA would not be able to start building or 
acquiring a new vessel until it receives full funding for the 
project in 2010.
    Estimated impact on state, local, and tribal governments: 
H.R. 1187 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private-sector: H.R. 1187 would 
extend current regulations and any subsequent modifications to 
the areas added to the sanctuaries by the bill. Some of those 
regulations would impose mandates, as defined in UMRA, by 
prohibiting or restricting certain commercial and recreational 
activities that could injure sanctuary resources within the 
added areas. Based on information from NOAA, CBO estimates that 
the cost of complying with the mandates would be small and 
would fall below the annual threshold established in UMRA for 
private-sector mandates ($136 million in 2008, adjusted 
annually for inflation).
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Neil Hood; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1187 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

 Dissenting Views--H.R. 1187, Gulf of the Farallones and Cordell Bank 
  National Marine Sanctuaries Boundary Modification and Protection Act

    H.R. 1187, Gulf of the Farallones and Cordell Bank National 
Marine Sanctuaries Boundary Modification and Protection Act, 
would add approximately 1,200 square miles and almost 100 miles 
of the California coastline to two existing National Marine 
Sanctuaries--the Gulf of the Farallones and Cordell Bank 
National Marine Sanctuaries. This expansion would almost double 
the size of the two sanctuaries with no formal public input on 
the expansion or the management regime that this legislation 
would impose on the new areas. This addition would bring the 
total of area under the four sanctuaries off California to 
almost 10,000 square miles.
    While the National Oceanic and Atmospheric Administration 
(NOAA) began the scoping process for changes to the management 
of the existing sanctuary areas in 2001 and has been conducting 
public comment on those changes, the expansion of the 
sanctuaries was not considered because it was ``very 
complicated'' and would ``require a lot of effort and analysis 
and talking to the public.'' This legislation ignores the 
complexity of the expansion and ignores the need for public 
comment on any expansion of the sanctuaries--both of which 
could have been addressed by NOAA through the existing 
statutory process.
    The legislation imposes a new management regime for the 
expanded boundary without public comment. While significant 
public comment was gathered on the management regime for the 
existing sanctuary areas, no public comment was requested on 
how these new management rules would affect the expanded areas. 
The legislation imposes the regulations until new regulations 
can be determined. The current process would allow for new 
regulations to be imposed after public comment, but this 
legislation flips the process on its head and puts the new 
regulations in place before the public comment.
    This legislation short circuits the public process for both 
the expansion of the two sanctuaries and the new rules for 
managing the resources within the expanded areas. All of the 
provisions of this legislation could and should be accomplished 
through the existing process.
    Additionally, H.R. 1187 ignores the statutory moratorium on 
new designations that was enacted due to concerns about funding 
levels. Congress imposed this moratorium because of concerns 
that the National Marine Sanctuary system would grow without 
the necessary growth in the funding levels. H.R. 1187 would 
almost double the size of two sanctuaries and establish a new 
requirement for NOAA to initiate a public process on new 
management measures for the expanded areas. NOAA estimates that 
the cost of managing the new areas would add an additional $2 
to $3 million per year for management and the costs of 
initiating a public process on the management regime would 
impose an additional $4 to $5 million over three years. At a 
time when the funding levels for the National Marine Sanctuary 
Program have fluctuated and costs for the new Papahanaumokuakea 
Marine National Monument have been added to the National Marine 
Sanctuary Program, without additional appropriations, the 
entire sanctuary program will suffer as a result of this 
legislation.
    H.R. 1187, in addition to expanding the size of the 
sanctuaries, will put more area of the Federal Outer 
Continental Shelf off limits to any oil or natural gas 
production despite the current energy crisis. This legislation 
will continue this Congress' efforts to further restrict access 
to the Nation's energy resources and will ultimately require 
even further increases of imported fossil fuels.
    This bill would impose a Congressional prohibition on any 
exploration or development of any hydrocarbon--including 
natural gas--and prohibit the transportation by pipeline of any 
hydrocarbon. The four National Marine Sanctuaries off 
California--with this expansion--will now cover approximately 
33 percent of the California coastline and include almost 
10,000 square miles. At a time when the Nation is facing an 
energy crisis, additional barriers to developing the Nation's 
potential natural gas reserves is irresponsible.
    The National Marine Sanctuary Program has enjoyed popular 
support for many years. One of the reasons for this popularity 
was that the program allowed multiple uses of the offshore 
areas included within the program. The experience the 
commercial and recreational fishing community has had in other 
sanctuaries off the California coast has made them leery of any 
increased Federal designations in the Federal waters off 
California. Fishermen have seen their opportunities to fish in 
the waters of the sanctuaries off California diminished with 
little or no scientific basis. Despite the fact that neither of 
these sanctuaries was established to protect fisheries, 
fishermen remain concerned that this legislation will add an 
additional 1,200 square miles to the sanctuaries and impose new 
fishery management restrictions to these expanded areas without 
the necessary public comment. Action by Congress to expand 
sanctuary boundaries and impose new management regimes by 
statute rather than through a public process does nothing to 
calm their concerns.
                                   Henry E. Brown, Jr.
                                   Don Young.